...James Madison holds the most significance out of all our founding fathers. Madison drafted the major points in our constitution, was one out of three contributing authors of the federalists papers, and advocated the Bill of Rights. He pushed for a system of checks and balances to ease the fears of those who worried that an executive would gain an unfair amount of power. The colonies declared independence from Britain in 1776 where the Articles of Confederation were created as the first constitution of the United States. In May 1787, delegates gathered at the Constitutional Convention in Philadelphia , where Madison was able to start his ideas for an effective government system in his “Virginia Plan,” which described a government with three branches known as legislative, executive, and judicial. Madison helped Virginia evolve their constitution, securing the Virginia Plan that served as the basis for the debate in the addition of the U.S. constitution. He argued firmly for a strong central government that would bring the country together. Playing a strong role in the ratification process, Madison...
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...Union will be of the utmost moment to the peace and liberty of the States as a barrier against domestic faction and insurrection.” (Hamilton, 66, Federalist No. 9) This is because a large, centralized government uses the system of the checks and balances, which prevent domestic faction and revolt. The Federalists made it clear that they opposed a mob ruling and the minorities being denied their rights. The main danger the new republic faced, they argued, was the superior force of an “interested and overbearing majority.” (Madison, 72, No. 10) The Federalists solution on how to deal with majority faction is to “extend the sphere and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength and to act in unison with each other.” (Madison, 78, No. 10) While tyranny of...
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...Branches of Government Branches of Government The United States of America is run by our country’s Constitution. After the American Revolution, the newly named Americans realized the need for government and law. Our Constitution, once put into place, establishes three branches of government. It is important for all of Americans to understand why the founding fathers decided on three branches of government. It is also important to know what obstacles the division of power present for enactment of important legislation and how conflict has been characterized between supporters of a strong federal government and the supporters of state rights both in the past and now. The U.S. Constitution was written in 1787 by James Madison. This is considered the main law of the land. Any laws made for the country must agree with the Constitution. James Madison is the father of the constitution. Madison was the one that came up with the conspire that one branch could not have complete control. “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether on or a few, or many, and whether hereditary, self-pronounced to very definition of tranny” (Spaeth & Segal 1999). This is when our three branches were born. In the Executive Branch we have our President, vice president, and all of the cabinet. Our president is allowed to make or laws, pass, or veto them. The legislative Branch has 435 representatives and 100 senators forming a party of 535 members...
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...APUSH Study Guide 8 A weak Confederacy and the Constitution, 1776-1790 Themes/Constructs: The federal Constitution represented a moderately conservative reaction against the democratilizing effects of the Revolution and the Articles of Confederation. The American Revolution was not a radical transformation like the French or Russian revolutions, but it produced political innovations and some social change in the direction of greater equality and democracy. The American Revolution did not overturn the social order, but it did produce substantial changes in social customs, political institutions, and ideas about society and government. Among the changes were the separation of church and state in some places, the abolition of slavery in the North, written political constitutions, and a shift in political power from the eastern seaboard toward the frontier. The first weak government, the Articles of Confederation, was unable to exercise real authority, although it did successfully deal with the western lands issue. The Confederation’s weakness in handling foreign policy, commerce and the Shays Rebellion spurred the movement to alter the Articles. Instead of revising the Articles, the well-off delegates to the Constitutional Convention created a charter for a whole new government. In a series of compromises, the convention produced a plan that provided for a vigorous central government, a strong executive, the protection for property, while still upholding republican...
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...major flaws, limitations and discrepancies were mounting. These gave way to the Articles being scrapped altogether and a new governing document being written called the U.S. Constitution. Many have called the Articles of Confederation America's first failure at government. Unification The articles of the confederation was a weak attempt at best, by a new country to try an unite itself and form a government of its own after overthrowing the British tyranny of the previous decade. Under the Articles of Confederation each state had the right to make its own rules and laws, separate from the central government. There was no taxing powers given to Congress, Congress had no power over interstate or foreign commerce. Each state had one vote in Congress, regardless of the states size or population. That in itself was a problem for the larger states who had bigger populations, who were expected to contribute more but still only had one vote. Any amendments to the Articles must have a unanimous approval for amendment. Congress had only specific powers that it could not enforce because each state could ignore the laws made by congress with no penalties due to the fact that there was not a judiciary. The Constitution alleviated many issues that the Articles of Confederation created. The Constitution created a centralized government that was...
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...Class Book Chapter: Judicial Review—Friedrichs v. California Teachers Association (Final Draft) Nichole L. Horner 3118434 LSTD497—Senior Seminar in Legal Studies Professor James Barnery Two hundred and thirteen years ago the Supreme Court presided over the case Marbury v. Madison, in a unanimous decision the court found in favor of Marbury. The court stated that Marbury had a right to his commission that was promised by President Adams before his exit from office . But, ironically Marbury would not receive his commission even though the courts had found in his favor. Marbury v. Madison had opened a door that went beyond Marbury’s commission, the case established a major historical precedent. The courts identified that the Judiciary Act of 1789 was in direct conflict with Article III of the Constitution . In Chief Justice Marshall's opinion, he identified that Congress could not give the Supreme Court the power to issue an order granting Marbury his commission. In the court’s ruling they found that the Constitution was...
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...later wrote the Constitution and shaped the basis for the United States government. Going into the War and then coming out, the Founding Fathers were more united than ever. However, the seven had a relationship more comparable to brothers, and, like any siblings, they did not always get along. When written, the main idea of Founding Brothers had a strong purpose and a specific audience to reach, but, despite having its flaws, this book is, and will remain, a current topic for a wider audience. Joseph Ellis began his historical education by pursuing his Bachelors from the College of William & Mary, and then going on to get his Masters and Doctorate at Yale University. He first taught at a military academy at West Point, but he currently teaches at Mount Holyoke College. Having a wife and three sons, he now contributes to many national publications on a regular basis, including, but not limited to: The New York Times, The Los Angeles Times, and The Wall Street Journal. As an American historian, Ellis has received nationwide appraisal; in fact, he won the Pulitzer Prize for...
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...| Course SyllabusCollege of HumanitiesHIS/115 Version 3U.S. History to 1865 | Copyright © 2011, 2009, 2008 by University of Phoenix. All rights reserved. Course Description This course provides an overview of the social, political, economic, and global events that have shaped the American scene from colonial times through the Civil War period. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: University policies: You must be logged into the student website to view this document. Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Schultz, K. M. (2012). HIST2, Volume 1 (2nd ed.). Boston, MA: Wadsworth, Cengage Learning. All electronic materials are available on the student website. Week One: Contact, Settlement, Slavery | | Details | Due | Points | Objectives | 1.1 Describe the clash of cultures that took place in North America between the Native Americans, colonists, and Black slaves. 1.2 Describe the establishment of early colonies. 1.3 Describe the development of regional differences among the...
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... -- James Madison[1] INTRODUCTION A written constitution is a reminder that governments can be unreasonable and unjust. By guaranteeing that "[a] well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed," the Second Amendment to the United States Constitution provides the citizens a means of protection against the unjust excesses of government.[2] The Framers placed this guarantee in the Bill of Rights because they considered the right to keep and bear arms peculiarly important and also uniquely vulnerable to infringement. The Amendment's command protects individuals against even popular conceptions of the public good. In addition to this protection within the United States Constitution,[3] the constitutions of forty-three states guarantee the right to keep and bear arms.[4] Despite the constitutional authority for this right, legislators and judges have consistently attempted to devalue it. Methods such as giving misleading labels to select firearms like "assault weapons"[5] or "Saturday Night Specials"[6] have been used to justify incremental disarmament.[7] American jurisprudence has deliberately devalued the right to keep and bear arms by disingenuously interpreting the right so as to effect a gradual change in American culture. To this end, for example, the Seventh Circuit has already upheld a civilian handgun ban by dismissing an historical analysis of the Constitution: "The debate...
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...before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts and relevance of the "Triad of Powers" ...
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...|[pic] |Syllabus | | |College of Humanities | | |HIS/115 | | |U.S. History to 1865 | Copyright © 2011, 2009, 2008 by University of Phoenix. All rights reserved. Course Description This course provides an overview of the social, political, economic, and global events that have shaped the American scene from colonial times through the Civil War period. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class...
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...We, the Federalists, under the leadership of George Washington, James Madison, and Alexander Hamilton, believe in a strong central government to run this nation. We believe in a nationalistic view of our nation and in the cooperation and support of the citizens living in on this land. The laws, rules, and acts that are enacted under this government are made to benefit the nation, not to oppress the people. We hope to establish a nation that is well off, one that is stable in all aspects. As Federalists, we understand the importance of certain acts that are being passed, such as the Alien and Sedition Acts. We understand the need for Hamilton’s Financial Plan, a plan that will overall help this nation prosper, and we understand the need for...
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...The Journal of Legal Medicine, 33:171–199 Copyright C 2012 American College of Legal Medicine 0194-7648 print / 1521-057X online DOI: 10.1080/01947648.2012.657993 THE GOOD, THE BAD AND THE UGLY A 50-STATE SURVEY EXPLORING FEDERAL AND STATE FIREARM REGULATIONS RELATED TO MENTAL HEALTH Jason Sterzer* The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government. This may be considered as the true palladium of liberty . . . . The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Whenever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.1 INTRODUCTION On April 16, 2007, Seung-Hui Cho went on a murderous rampage at Virginia Tech University, slaughtering 32 people before turning his gun on himself.2 Cho had previously been diagnosed with severe anxiety disorder and declared mentally ill in the Circuit Court of Montgomery County.3 At the time of the shooting, Virginia law prohibited the “purchase, possession, or transportation of any firearm by any person adjudicated ‘legally incompetent,’ ‘mentally incapacitated,’ or ‘incapacitated,’ whose competency or capacity [had] not been * Third-year law student...
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...Constitution From Wikipedia, the free encyclopedia For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e.constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a writtenconstitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117...
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...there are a wide variety of interest groups that are organized for the sole purpose of exerting influence on the political and legal systems. These groups play a central role in deciding who gets what, when, where and how in legislative and budget processes. They also play a significant role in deciding which values will be promoted and enforced by the government. When individuals have common interests, it often makes sense for them to join together in pursuit of those interests. When this happens, a special interest group is formed. These groups then compete for a share of the limited resources distributed through the political process. While many groups are formed to compete for economic resources, others are formed to support their positions on issues like abortion and gun control. The limited resource these groups compete for is not money or real estate but rather the use of governmental power to enforce a particular set of values. At the group level, it makes sense for groups to form and do the things they do. However, at the individual level, there are powerful incentives to be a free rider. If a group is pursuing your interests even though you, as an individual, are not contributing your time or your money to the group, what incentive do you have to contribute time or money to the group's efforts? Some people join groups because they are strongly motivated by the group's goals or, perhaps, they believe they can exercise power within the group that they would not otherwise...
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